FLORIDA Comprehensive Frequently Asked Questions Disclaimer: This guide is designed for informational purposes only. It is not legal advice and is not intended to create an attorney-client relationship. The Election Protection Coalition does not warrant any information contained in this guide, nor does the Coalition suggest that the information in this guide should be used as a basis to pursue legal advice or decision making. Absentee Voting 1) Eligibility 2) Deadlines 3) First Time Voters 4) Obtaining and Completing 5) Military and Overseas Voters 6) Requested but Unreceived Ballots 7) Requesting an Absentee Ballot for Others 8) Returning an Absentee Ballot 9) Voting in Person after Requesting an Absentee Ballot 10) Assistance with an Absentee Ballot Election Official Authority 1) State Election Officials 2) County/Local Election Officials Registration 1) Eligibility 2) Residency Requirements 3) Application 4) Timing 5) Changes 6) College Students 7) Military Personnel and Overseas Voters 8) Removal from Registration List 9) Restoration of Voting Rights 10) Third-Party Registration 1
Responding to Challenges, Intimidation and Deceptive Practices 1) Solicitation Boundaries 2) Challenges by Poll Workers 3) Challenges by Other Voters 4) Deceptive Information 5) Intimidation by Poll Workers 6) Intimidation by Other Voters 7) Police Presence Voting In Person 1) Early Voting 2) Where to Vote 3) Hours Polling Places are Open 4) Duties of Poll Workers 5) Who May Be Present 6) Identification Required 7) Missing from the Rolls 8) Changed Name or Address 9) Provisional Ballot 10) Assistance 11) Equipment Malfunctions 2
Absentee Voting See Also: Voting in Person Early Voting Table of Contents: 1) Eligibility 2) Deadlines 3) First Time Voters 4) Obtaining and Completing an Absentee Ballot 5) Military and Overseas Voters 6) Requested but Unreceived Ballots 7) Requesting an Absentee Ballot for Others 8) Returning an Absentee Ballot 9) Voting in Person after Requesting an Absentee Ballot 10) Assistance with an Absentee Ballot 1. Eligibility: Am I eligible to vote absentee? See Also: Registration Eligibility to Register Response: Any registered and qualified voter may vote an absentee ballot whether or not the voter is actually absent from their county of residence. Those eligible to vote absentee include: o U.S. citizens residing outside the U.S. o Members of the armed forces and their family members. o Members of the Merchant Marines and their family members. 2. Deadlines: How far in advance should I request and return an absentee ballot? See Also: Absentee Voting Military and Overseas Voters Response: If you want an absentee ballot mailed to you, the Supervisor of Elections must receive your request for an absentee ballot no later than 5 p.m. on the 6th day before the election. You may also request an absentee ballot in person through Election Day. Your absentee ballot must be returned to the Supervisor of Elections by 7pm on Election Day. Further Explanation: If an initial voter registration application that has been mailed does not bear a postmark or if the postmark is unclear, the registration date is the day that the application is received by any supervisor or the division. If the application is received within 5 days after the closing of the books for an election, excluding Saturdays, Sundays, and legal holidays, the registration date is the book-closing date. [ Fla. Stat. 101.62 (2) ] Requesting: A request for an absentee ballot to be mailed to the voter must be received by the Supervisor of Elections no later than 5 p.m. on the 6th day before the election. The supervisor of elections must then mail the requested ballot or have it delivered to someone designated to receive the ballot for the voter by no later than 4 days before the election. [ Fla. Stat. 101.62 (2) ] 3
If the requested ballot is to be obtained in person by the voter or a designee, absentee ballots are available up until and including Election Day. Note: If the voter requesting an absentee ballot is a military or overseas voter, see Section 5 below. Submitting: A voter must sign and return his or her absentee ballot to the Supervisor of Elections in the enclosed secrecy envelope by 7 p.m. on Election Day. [ Fla. Stat. 101.65 (1) ] 3. First Time Voters and Absentee Ballots: If I m a first time Florida voter, can I cast an absentee ballot? Response: Only in certain limited circumstances. If you registered by mail, have not previously voted in the county, and have not previously provided the proper identification, you must send proof of identification with your absentee ballot. Further Explanation: If the voter meets the above criteria, he or she must enclose a copy of either: Identification including the voter s name and photograph: United States passport; employee badge or identification; buyer's club identification card; debit or credit card; military identification; student identification; retirement center identification; neighborhood association identification; or public assistance identification. [ Fla. Stat. 101.6923 (1) & (6)(a) ] or Identification showing the name and current residence address of the voter: current utility bill, bank statement, government check, paycheck, or government document (excluding voter identification card). [ Fla. Stat. 101.6923 (1) & (6)(b) ] Exceptions: This requirement does not apply to the following voters: voters 65 years or older, voters who have a temporary or permanent physical disability, active armed service members or Merchant Marines and their immediate family absent from the county on Election Day, or voters currently residing outside of the United States. [ Fla. Stat. 101.6923 (7) ] 4
4. Obtaining and Completing an Absentee Ballot: How do I get an absentee ballot and how do I complete it? See Also: Requesting an Absentee Ballot for Others; Eligibility; Deadlines for Obtaining and Submitting an Absentee Ballot Response: You may request an absentee ballot in person, in writing (mail or email), via online request form or by telephone from your Supervisor of Elections. It should be completed in secret, carefully following the enclosed instructions. Further Explanation: Obtaining an Absentee Ballot: One request is sufficient to receive an absentee ballot for all elections that are held within a calendar year unless the request specifies a single election for which it is made. The voter may also request to receive absentee ballots for all elections held over the next two years. [ Fla. Stat. 101.62 (1)(a) & (b) ] Websites with online request forms and contact information for all Florida Supervisors of Elections may be found at http://election.dos.state.fl.us/soe/supervisor_elections.shtml. A voter requesting an absentee ballot must provide his or her name, address and date of birth. If the request is made by paper mail, the voter must also include his or her signature. [ Florida Division of Elections Policy ] Completing an Absentee Ballot: The voter s Supervisor of Elections is required to enclose separately printed instructions regarding the proper procedure for casting an absentee ballot with each such ballot. [ Fla. Stat. 101.65 ] The voter should complete his or her ballot in secret (unless assistance is required due to disability), and should be careful to mark only the number of candidates or issue choices for a race as indicated on the ballot to ensure the ballot is counted. The voter should also be careful to sign his or her name on the line above Voter s Signature, and to fill out the Voter s Certificate on the back of the envelope provided with the ballot. [ Fla. Stat. 101.65 ] 5. Military and Overseas Voters: How do I request, obtain and return an absentee ballot, and what are the deadlines for me to do so? See Also: Registration Military Personnel and Other Voters Living Overseas Response: You may request a ballot either through your county s Supervisor of Elections or through a Federal Post Card Application. The ballot can be faxed, emailed or mailed to you, and you may either fax or mail it back. It must be returned early enough be received by your supervisor of elections by no later than 7 P.M. on Election Day. 5
Further Explanation: Requesting Absentee Ballots: Military and overseas voters may request a ballot by contacting their supervisors of elections by phone, mail, email or fax, and may have their absentee ballot either faxed or e- mailed to them instead of receiving them by mail if they so choose. [ Fla. Stat. 101.697 ] Alternatively, United States citizens (including Military Personnel and Merchant Marines) residing outside of the United States may apply for voter registration or request absentee ballots with Federal Post Card Applications (obtainable from the Federal Voting Assistance Program, tel. (800) 438-8683 or e-mail vote@fvap.ncr.gov) or the online SFPA, which can be downloaded from http://www.fvap.gov/pubs/onlinefpca.pdf.). The Federal Post Card Application request for an absentee ballot will be effective for all elections through the following two regularly scheduled general elections, but voters are encouraged to apply again every January. If an overseas voter s request for an absentee ballot includes an e-mail address, the Supervisor of Elections will inform the voter of the names of candidates who will be on the ballot through electronic transmission. The Supervisor of Elections will e-mail to the voter the list of candidates for the primary and general election not later than 30 days before each election. [ Fla. Stat. 101.6952 & 101.697, 42 U.S.C. 1973ff-1(4), 1973ff-3 ] Returning Absentee Ballots: Once the absentee ballot is voted, the voter may either return it by fax or mail it to the supervisor of elections. Voted ballots returned by e-mail will not be accepted. Timing of Request and Submission: If the voter is obtaining an absentee ballot by fax or email, and is returning the ballot by fax, the request must be received by the supervisor of elections no later than 5 p.m. on the 6th day before the election. The voted ballot must be received to the supervisor of elections no later than 7 p.m. on Election Day. [ Fla. Stat. 101.62 (2); Fla. Stat. 101.65 (1) ] If the voter is obtaining an absentee ballot by mail, the request must be made and the ballot mailed to the voter no later than 35 days before a primary election and no later than 45 days for a general election. It should be sent in time to reach the supervisor of elections by 7 p.m. on Election Day or, if the election is a presidential preference primary or presidential general election, should be dated no later than, and arrive within 10 days of, Election day. [ Fla. Stat. 101.62(4)(a); Fla. Stat. 101.65 (1); Fla. Admin. Code 1S-2.013 (7) ] Overseas voters must include the date on which they signed the Voter's Certificate on the line above (Date) or your ballot may not be counted. [ Fla. Stat. 101.65 (1) ] 6
6. Requested but Unreceived Ballots: What do I do if I requested an absentee ballot and never received it? Response: You should first check the status of your absentee ballot online. If you still have questions, you should contact the office of your local Supervisor of Elections. Voters who have requested absentee ballots are able to track the status of their request online at http://registration.elections.myflorida.com/checkvoterstatus or through the website of their Supervisor of Elections (which can be found by visiting http://election.dos.state.fl.us/soe/supervisor_elections.shtml). If the online tracking system fails to answer a voter s question concerning an unreceived absentee ballot or raises other concerns, the voter should first contact the office of his or her Supervisor of Elections. Contact information may be found through: http://election.dos.state.fl.us/soe/supervisor_elections.shtml 7. Requesting an Absentee Ballot for Others: Can I request a ballot for someone else or have someone request a ballot for me? Response: A member of your immediate family can request a ballot for you, and vice versa. Further Explanation: A designated member of the voter s immediate family or legal guardian can request an absentee ballot for the voter. Immediate family means the voter s spouse or the voter s/voter s spouse s parent, child, grandparent, or sibling. A person may pick up absentee ballots for no more than two voters in any given election, unless they are immediate family members, in which case there is no set limit. [ Fla. Stat. 101.62 (1)(b) and (4)(b)(4) ] If a voter designates a member of his or her family to make such a request, that family member will be required to provide the voter s name, address, and date of birth. The family member will also have to provide his or her own name, address, driver's license number (if available), relationship to the voter, and signature (if the request is made in writing). [ Fla. Stat. 101.62 (1)(b) and (4)(b)(4) ] 8. Returning an Absentee Ballot: How do I return a completed ballot? See Also: Deadlines for Obtaining and Submitting an Absentee Ballot Response: You must sign and return your absentee ballot, by mail or in person, to your Supervisor of Elections in the enclosed secrecy envelope by 7 p.m. on Election Day. A voted absentee ballot 7
cannot be accepted at a polling place. [ Fla. Stat. 101.65 ] Information regarding a voter s Supervisor of Elections and where a ballot should be returned can be obtained by visiting http://election.dos.state.fl.us/soe/supervisor_elections.shtml 9. Voting in Person after Requesting an Absentee Ballot: Can I change my mind and vote in person after having requested an absentee ballot? See Also: Voting in Person Provisional Ballots Response: You can vote in person after having requested an absentee ballot if you bring your absentee ballot with you to the polls, where it will be voided. Further Explanation: If the voter possesses the unused absentee ballot: A voter who has received but not submitted an absentee ballot may vote in person if the voter brings the ballot to the poll or to his or her local election board. The absentee ballot will be voided and the voter will be allowed to cast a regular ballot. [ Fla. Stat. 101.69 ] If the voter does not have the absentee ballot: If a voter wishes to vote in person after requesting an absentee ballot but does not have the requested ballot in hand on election day, the voter may still cast a ballot in person if his or her Supervisor of Elections is able to confirm that the voter s absentee ballot was never received. If the ballot has been received, the voter may not vote in person. If the voter contests having submitted his or her absentee ballot, he or she may vote a provisional ballot at the poll. [ Fla. Stat. 101.69 ] 10. Assistance with an Absentee Ballot: Can I obtain assistance in voting an absentee ballot if a disability makes it difficult for me to do so otherwise? See Also: Voting in Person Assistance Response: Yes. If you require assistance to vote absentee because of blindness, disability or inability to read or write, you may have some other person mark your choices or assist you in marking your choices on the absentee ballot. The person who assists you must be chosen by you and must not be your employer, an agent of your employer, or an officer or agent of your union. [ Fla. Stat. 101.661 ] 8
Election Official Authority Table of Contents: 1) What are the duties of the Secretary of State? 2) What are the duties of county/local election officials? 1. What are the duties of the Secretary of State? Response: The Secretary of State is Florida s chief election officer and is charged with setting certain statewide rules and regulations regarding elections and overseeing county and local election officials. Further Explanation: The Secretary of State Provides advisory opinions, prescribes rules and regulations, and establishes procedures to carry out the provisions of Florida s election and voter registration laws. Assists and trains supervisors of elections on voter education, election personnel training, and voting systems. Conducts preliminary investigations into any irregularities or fraud involving voter registration, voting, or candidate or issue petition activities and report their findings to the statewide prosecutor or the state attorney for the judicial circuit in which the alleged violation occurred for prosecution, if warranted. Enforces the performance of the duties of county supervisors of elections and other officials performing duties related to Florida s election laws. [ Fla. Stat. 97.012 ] 2. What are the duties of county/local election officials? Response: The Supervisor of Elections oversees elections at the county level, and is charged with logistical duties like designating polling places, selecting and training poll workers, maintaining updated voters registration lists and securing absentee ballots. The Election Board is comprised of the poll workers who set up and run individual polling places. 9
Further Explanation: Supervisor of Elections There is a Supervisor of Elections in each county. The supervisors: Appoint an election board for each precinct in the county. This election board must be comprised of poll workers who serve as clerks or inspectors for each precinct in the county. Designate polling places in each precinct. Furnish inspectors of elections for each precinct with the list of registered voters for that precinct and also furnish to the inspectors of elections at the polling place in each precinct in the county with a sufficient number of forms and blanks for use on the day of the election. The Supervisor of Elections must train inspectors, clerks and deputy sheriffs prior to each primary, general and special election to instruct these officers in their duties and responsibilities as election officials. Approve poll watcher lists for early voting (i.e., designate which poll watchers may be present in the polling place to observe the election). Receive and secure absentee ballots. Conduct a general registration list maintenance program to ensure the maintenance of accurate and current voter registration records. [ Fla. Stat. 98.015; 102.141; 102.012; 102.014; 101.67; 101.001; 98.065; 101.131(2) ] Election Board The board is composed of poll workers who serve as clerks or inspectors for each precinct in the county. The members are appointed by the Supervisor of Elections at least 20 days prior to an election. The election board sets up the polling place on Election Day, conducts the voting and is responsible for opening and closing the polls. The board is in charge of maintaining order at the polls during an election and the canvass of the vote. [ Fla. Stat. 102.012; 102.031(1) ] 10
Registration See Also: Voting in Person Registration Missing from the Rolls Table of Contents: 1) Eligibility 2) Residency Requirements 3) Applications 4) Timing 5) Changes 6) College Students 7) Military Personnel and Overseas Voters 8) Removal from Registration List 9) Restoration of Voting Rights 10) Third Party Registration 1. Eligibility to Register: Who can register to vote? See Also: Restoration of Voting Rights; Residency Requirements Response: You are entitled to vote if you are 18, a legal resident of Florida and the county in which you seek to register, a US citizen, and have not been convicted of a felony. Further Explanation: A person may register to vote if he or she is: Unless: At least 18 years old on or before the election (and may pre-register for such an election on or after his or her 16 th birthday);. A legal resident of Florida and the county in which registration is sought; and A US citizen. [ Fla. Stat. 97.041(1) ] He or she has been convicted of a felony or has been adjudicated mentally incompetent and has not had his or her rights restored by law. [ Fla. Stat. 97.041(2) ] Note: No registrant will lose his or her right to vote solely due to his or her failure to vote in one or more elections. If any supervisor, deputy supervisor, or election employee attempts to influence or interfere with any voter voting a ballot, he or she commits a felony of the third degree. [ Fla. Stat. 104.051(4) ] 11
2. Residency Requirements: Am I a legal Florida resident? Response: You are a legal Florida resident if you both live in Florida and intend to make it your principal home. Further Explanation: Although a person must be a legal resident of the state and county in which he or she seeks to register to vote, there is no codified definition of the term legal resident in Florida election law. Florida state courts have defined legal residency as domicile, or the intent to make a place your principal home coupled with actually living there. [ Bloomfield v. St. Petersburg Beach ] 3. Applications for Registration: How do I apply and what information do I have to provide? See Also: Eligibility to Register; Military Personnel; Timing of Registration; Residency Requirements Response: You can apply online, in person at a variety of government offices including public libraries, or at the DMV when applying for or renewing a driver s license or identification card. Further Explanation: A voter can find a registration application: Online at this address (available in English and Spanish): http://election.dos.state.fl.us/voter-registration/voter-reg.shtml In person from the office of their Supervisor of Elections, the offices of the Division of Elections, driver's license offices, state agencies that provide public assistance, state agencies that serve persons with disabilities, public libraries, armed forces recruitment offices, and many other public locations. The location of the offices of a voter s Supervisor of Elections can be found by visiting: http://election.dos.state.fl.us/soe/supervisor_elections.shtml [ Official Florida Voting and Registration Guide ] The Department of Highway Safety and Motor Vehicles provides the opportunity to register to vote or to update a voter registration record to each individual who comes to an office of that department to apply or renew a driver s license, apply for or renew an identification card, or change an address on an existing driver s license or identification card. [ Fla. Stat. 97.057(1) & (2) ] The voter will be required to disclose his or her: Name; Address of legal residence; Date of birth; A mark in the checkbox affirming that the applicant is a U.S. citizen; 12
Applicant s current and valid Florida driver s license number or Florida identification card number; if applicant has neither, then the last four digits of applicant s social security number; if none of the previous, the applicant shall affirm this fact in the manner prescribed in the uniform statewide voter registration application; A mark in the checkbox affirming that applicant has not been convicted of a felony or that, if convicted, has had his or her civil rights restored; A mark in the checkbox affirming that the applicant has not been adjudicated mentally incapacitated with respect to voting or, if so adjudicated, has had right to vote restored; Original signature or digital signature. [ Fla. Stat. 97.053(5)(a) ] The voter may return his or her application: by mailing or hand-delivering the application to any Supervisor of Elections office, any office that issues driver s licenses any voter registration agency (for example, any public assistance office, assisted living facility, office serving persons with disabilities, public library, or armed forces recruitment office) or the Division of Elections. [ from the Florida Voter Registration Application ] Time limit for processing applications: All voter registration applications received by a voter registration official shall be entered into the statewide voter registration system within 13 days after receipt. Once entered, the application shall be immediately forwarded to the appropriate supervisor of elections. [ Fla. Stat. 97.053 (7) ] Notification of denied applications: The Supervisor must notify each applicant of the disposition of the applicant s voter registration application. The notice must inform the applicant that the application has been approved, is incomplete, has been denied, or is a duplicate of a current registration. A notice of denial must inform the applicant of the reason the application was denied. If the application is incomplete, the Supervisor must request that the applicant supply the missing information using voter registration application signed by the applicant. [ Fla. Stat. 97.073 ] 4. Timing of Registration: How far in advance of the election do I need to register? Response: You must mail or hand-deliver your registration on or before the 29 th day before an election. Further Explanation: A voter s registration must be postmarked or hand-delivered 29 days before that election or sooner (excluding the day of the election itself). On the 29 th day before the election, the registration books will close and no new names will be added, although a registrant s name, address and signature may still be updated. If the 29th day preceding an election falls on a Sunday or a legal holiday, the registration books must be closed on the next day that is not a Sunday or a legal holiday. Florida election dates can be found at: http://www.elections.myflorida.com/voting/voting-info.shtml [ Fla. Stat. 97.055 ] 13
If an initial voter registration that has been mailed bears no postmark or the postmark is unclear, the voter s registration date will be deemed to be the day on which the registration is received. If the registration arrives later than, but within five days of, the closing of the books, the registration date will be recorded as the book closing date. [ Fla. Stat. 97.053(3) & (4) ] 5. Changes to Registration Information: How and when do I change the name, address or party affiliation on my registration? Response: You should update your voter registration if you move, if your name changes due to marriage or other legal process, or you would like to change your registered party affiliation. You may do so by notifying your Supervisor of Elections, providing an updated voter registration application to another election official, or at the Department of Highway Safety and Motor Vehicles when applying for or renewing a driver s license or ID card. Further Explanation: How to update voter registration: You may update your voter registration by notifying the Supervisor of Elections of your new (or continued) county of residence. You may provide the Supervisor a signed, written notice, or contact him or her by telephone or email. Notification of such move other than by signed, written notice must include your date of birth. You may also provide notification to other voter registration officials using a voter registration application signed by you. [ Fla. Stat. 97.1031 ] Alternatively, the Department of Highway Safety and Motor Vehicles provides the opportunity to update a voter registration record to each individual who comes to an office of that department to apply or renew a driver s license, apply for or renew an identification card, or change an address on an existing driver s license or identification card. [ Fla. Stat. 97.057(1) & (2) ] Status of registration and current registration information: A voter may check his or her current registration status and information by visiting: http://registration.elections.myflorida.com/checkvoterstatus 14
6. College Students: Can I register to vote in Florida if I m a college student from out of state? See Also: Eligibility to Register; Residency Requirements Response: You may register to vote in Florida so long as you meet the generally applicable standards (i.e. if you are 18 or older, a US citizen, have not been convicted of a felony, and you live in Florida with the intent to make it your principal home). Further Explanation: College students who meet the generally applicable registration requirements may register to vote. To establish residency, moving to school in Florida with the present intent to make your school address your principal home is generally sufficient. Qualifying educational institutions are required to provide enrolled students with an opportunity to register or update their registration on campus at least once a year, and are encouraged to do so more often. [ Fla. Stat. 97.0583 ] 7. Military Personnel and Other Voters Living Overseas: How do I register if I m a serving abroad in the military or otherwise living abroad? Response: You may simultaneously register and request an absentee ballot with a Federal Post Card Application (available from the Federal Voting Assistance Program, tel. (800) 438-8683 or e-mail vote@fvap.ncr.gov) or the online SFPA, which can be downloaded from http://www/fvap.gov/pubs/onlinefpca.pdf). Further Explanation: Additional information may also be obtained by calling the Bureau of Voter Registration Services Voter Assistance Hotline at 1-866-308-6739, or by contacting the Supervisor of Elections office of the county in which you seek to register. Contact information regarding Supervisors of Elections is available at: http://www.elections.myflorida.com/soe/supervisor_elections.shtml 8. Removal from Registration List: Under what circumstances can my name be removed from the list of registered voters? Response: Your name can only be removed from the list of registered voters by your written request, conviction of a felony, death or in connection with a voter registration list maintenance program. [ Fla. Stat. 98.045(2) ] Further Explanation: Timing of removal from the registration books: A voter s name may not be removed from the registration books later than 90 days prior to the date of a federal election, unless the voter requests removal in writing; the voter is deceased, or the Supervisor of Elections had made a final determination that the voter is ineligible to vote. It may not be removed as part of a voter registration list maintenance program later than 90 days prior to a federal election. [ Fla. Stat. 98.065(3) & (5) ] 15
Procedure for removal from the registration books: If a county Supervisor of Elections receives notice or information that a registered voter may be ineligible, the voter is first entitled to notice by mail. If this notice is undeliverable, the Supervisor must then publish notice in a newspaper of general circulation in the county where the voter was last registered. The voter then has 30 days to contest the alleged ineligibility either by requesting a hearing or by allowing the Supervisor to make a final determination based on the evidence before him or her. Should the voter fail to contest the notice within 30 days, the Supervisor will make a final determination and, should the determination be made that the voter is ineligible, shall remove the voter s name from the registration books and issue notice of this to the voter. [Fla. Stat. 98.075 ] Any voter whose name has been removed from the statewide voter registration system pursuant to a determination of ineligibility may appeal that determination in the circuit court in and for the county where the person was registered. Unless the person can show that his or her name was erroneously or illegally stricken from the registration books or that he or she is indigent, the person must pay for the costs of the trial in the circuit court. Otherwise, the cost of the appeal must be paid by the Supervisor of Elections. [ Fla. Stat. 98.0755 ] Any voter whose name was removed from the statewide voter registration system on the basis of a determination of ineligibility who subsequently becomes eligible to vote must reregister in order to have his or her name restored to the statewide voter registration system. 9. Restoration of Voting Rights: Am I ineligible to vote because of a felony conviction, and if so, how can my voting rights be restored? Response: You are not eligible to vote in Florida if you have been convicted of a felony unless you have had your civil rights restored by order of the Governor or have been pardoned. Further Explanation: After a felony conviction, a person may only vote if he or she has received a full pardon, conditional pardon, or restoration of civil rights granted under the Florida Constitution. The civil rights of a convicted felon may be restored upon the Governor s approval of an application for such restoration. Pursuant to Florida Law, you are entitled to aid by an authorized agent in obtaining, completing and submitting this application before being discharged from state supervision. Information regarding restoration of civil rights can be found online at: https://fpc.state.fl.us/clemency.htm [ Fla. Stat. 944.292 ] 10. Third Party Registration: What does a third party registration group have to do to comply with the law? Compliance with administrative responsibilities: Prior to engaging in any voter registration activities, a third-party voter registration organization must register and provide the following information 16
about the organization: (1) the names of the officers; (2) the permanent address; (3) name and address of the registered agent; (4) the name and address of each person registering persons to vote on behalf of the organization; (5) and a sworn statement from each person registering voters on behalf of the organization, noting that person will obey the laws of Florida. [ Fla. Stat. 97.0575(1) ] o o A third-party voter registration organization must deliver any voter registration application it receives to the Supervisor of Elections within 48 hours after the applicant completes it, or the next business day if the appropriate office is closed for that 48-hour period. [ Fla. Stat. 97.0575(3)(a) ] If the third party voter registration organization fails to meet the 48-hour deadline, it will be subject to fines[ Fla. Stat. 97.0575(3)(a) ] Responding to Challenges, Intimidation and Deceptive Practices Table of Contents: 1) Electioneering Boundaries 2) Challenges by Poll Workers 3) Challenges by Other Voters and Poll Watchers 4) Deceptive Information 5) Intimidation by Poll Workers 6) Intimidation by Other Voters 7) Police Presence 1. Electioneering Boundaries: What is the electioneering boundary at my polling place? Response: It is illegal for anybody to campaign or solicit voters within 100 feet of a polling place s entrance on Election Day. Further Explanation: No person, political committee, committee of continuous existence or other group or organization may solicit voters within 100 feet of any polling place s entrance on Election Day, with limited exceptions. [ Fla. Stat. 102.031 ] 2. Challenges by Poll Workers: Can I be challenged by a poll worker? Response: In Florida, a poll worker can challenge a voter. Further Explanation: If your name is not on the voter rolls, you do not have the proper form of identification required, your signature does not match or your eligibility to vote cannot otherwise be established, you are entitled to cast a provisional ballot. 17
3. Challenges by Other Voters: What are my rights in the event of a challenge by another voter? Response: If your name is not on the voter rolls or your eligibility to vote cannot otherwise be established, you are entitled to cast a provisional ballot. Poll watchers may not speak directly to you and must direct any and all inquiries to a poll worker. Other voters and poll workers who make frivolous challenges (or challenges that they themselves do not believe are warranted) commit a misdemeanor. Further Explanation: Poll Watchers: It is illegal for poll watchers to challenge, speak directly to or otherwise intimidate a voter. Poll watchers are required to direct any inquiry to the election clerk rather than the voter. Poll watchers are not law enforcement officials; designating a law enforcement officer as a poll watcher violates Florida election law. [ Fla. Stat. 101.131(1) & (3) ] Frivolous Challenges: Any elector or poll watcher filing a frivolous challenge of any person's right to vote commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; however, electors or poll watchers shall not be subject to liability for any action taken in good faith and in furtherance of any activity or duty permitted of such electors or poll watchers by law. Each instance where any elector or poll watcher files a frivolous challenge of any person's right to vote constitutes a separate offense. [ Fla. Stat. 101.111(2) ] 4. Deceptive Information: What should I do if I see or receive deceptive information regarding an upcoming election? Response: The hotline captain should ask the caller to make copies of all documents and to fax a copy of the deceptive documents to 877-303-5034 and report the incident to the local County Supervisor of Elections and local media contacts so that the correct information can be shared with voters. We will share the documents with the Supervisor of Elections and relevant authorities. 5. Intimidation by Poll Workers: What should I do if a poll worker attempts to intimidate me at the polls? Response: You should report the incident to the deputy sheriff of the polling place, who is charged with maintaining order at the polling place. If this fails to resolve the issue, you should notify this hotline again, as well as the Secretary of State s office. If any supervisor, deputy supervisor, or election employee attempts to influence or interfere with any voter voting a ballot, he or she commits a felony of the third degree. [ Fla. Stat. 104.051(4) ] 18
6. Intimidation by Other Voters: What should I do if another voter attempts to intimidate me at the polls? Response: You should report the incident to the deputy sheriff of the polling place. If this fails to resolve the issue, you should call this hotline. Further Explanation: Whoever intimidates, threatens, or coerces anyone with the intent of interfering with that person s right to vote, or by bribery, menace, threat, or other corruption whatsoever, either directly or indirectly, attempts to influence, deceive, or deter any elector in voting or interferes with him or her in the free exercise of the elector s right to vote at any election commits a felony of the third degree, which can mean a prison sentence as long as 5 years and possible fines. [ Fla. Stat. 104.0515(5), 104.061(1), 775.082, 775.083 ] 7. Police Presence: What should I do if I am intimidated by police present at the polling place? Response: Find out if the police are stationed outside of the polling location and not interacting with voters or if the police officer is actively intimidating voters. The hotline captain should contact the local police to let them know that that police presence at the poll is intimidating voters. The captain should also call the Supervisor of Elections and ask them to follow up with local law enforcement. Voting in Person See Also: Absentee Voting Voting in Person after Requesting an Absentee Ballot Table of Contents: 1) Early Voting 2) Where to Vote 3) Hours Polling Places are Open 4) Duties of Poll Workers 5) Who May Be Present 6) Identification Required 7) Missing from the Rolls 8) Changed Name or Address 9) Provisional Ballot 10) Assistance 11) Equipment Malfunctions 19
1. Early Voting: Can I vote in person before the election day, and how? See Also: Hours Polling Places Are Open Response: You can vote beginning on the 10 th day before an election and ending on the 3 rd day before the election. The polls will be open no fewer than 6 hours and no more than 12 hours per day at each site during the applicable period. The Supervisor of Elections may provide early voting for elections that are not held in conjunction with a state or federal election, but may determine the hours of operation of early voting sites in those elections. [ Fla. Stat. 101.657] Provisions regarding the operation of standard voting also apply to early voting. This includes requirements of accommodation for individuals with disabilities, the hours polling places will remain open, and the identification required to vote. 2. Where to Vote: Where is my polling place? Response: You can find your polling location by calling your local Supervisor of Elections or by visiting http://registration.elections.myflorida.com/checkvoterstatus 3. Hours Polling Places Are Open: When does my polling place open and when does it close? Response: Polling places are required by law to be open between the hours of 7 a.m. 7 p.m. on Election Day. Any voter who is in line by the closing of the polls (7 p.m.) is entitled by law to cast a ballot. [ Fla. Stat. 100.011 ] Further Explanation: If a voter finds that his or her polling place is not open during these hours, the voter should contact the relevant Supervisor of Elections (which can be found by visiting http://www.elections.myflorida.com/soe/supervisor_elections.shtml). [ Fla. Stat. 100.011 ] 4. Duties of Poll Workers: What functions do the different poll workers serve? Response: Every polling place has a clerk that supervises and directs the activity of the polling place, inspectors who carry out core polling place duties like verifying voters identity, and a deputy who is charged with maintaining order. 20
5. Who May be Present at Polling Places: Who is permitted by law to be present at a polling place during voting hours? Response: The law permits the following people to be present at a polling place during voting hours: Official poll watchers Inspectors Election clerks The Supervisor of Elections or his or her deputy People in the care of a voter or people caring for a voter Law enforcement officers or emergency service personnel there with permission of the clerk or a majority of the inspectors People assisting with or participating in a simulated election for minors, as approved by the supervisor of elections. [ Fla. Stat. 102.031 ] 6. Identification Requirements: What form of identification should I bring with me to the poll? Response: You are required to bring current and valid photo identification that includes a signature. Accepted forms of identification include: a Florida driver s license, Florida identification card issued by the Department of Highway Safety and Motor Vehicles, United States passport, debit or credit card, military identification, student identification, retirement center identification, neighborhood association identification, public assistance identification. [ Fla. Stat. 101.043(1)(a) ] Further Explanation: If the picture identification presented doesn t include a signature, the voter will be required to produce additional identification that does include a signature. [ Fla. Stat. 101.043(1)(b) ] If a voter doesn t possess the required identification, he or she is still entitled to cast a provisional ballot. [ Fla. Stat. 101.043(b)(2) ] 7. Registration Missing from the Rolls: What do I do if I m registered to vote but my name doesn t appear on the rolls at my precinct? Response: If your name is not found on the rolls of the polling place where you are attempting to vote, a deputy clerk will check the county rolls. If your name is still not found, the clerk must call the Supervisor of Elections office, which has access to the statewide database, to make sure that you are registered and in the correct precinct. If that is the case, then you should be able to vote on a regular ballot. If you are in the wrong precinct, you should be given a map of the correct precinct and precinct pass, which will allow you to enter the correct precinct without waiting in line. If the poll worker says that you are not eligible, but you think you are, you can use a provisional ballot. If a poll worker tells you that you cannot vote, you have the right to know the reason. 21
8. Changes to Name or Address: Am I able to vote if my name or address has changed but I haven t updated my voter registration yet? See Also: Provisional Ballots Response: If you moved within the same county, you may cast a regular ballot after completing a change of residence form at the polls; otherwise you are entitled to cast a provisional ballot. If your name has changed, you may cast a regular ballot upon completing a change of name form at the polls. Further Explanation: Change of Address within a County: A voter who has moved from one precinct to another within the same county and who has not updated his or her registration information is entitled to cast a regular vote upon completing a Change of Residence of Legal Voter form at the polls. The voter should go to their NEW polling location [ Fla. Stat. 101.045(2)(a) ] Change of Address from a Different County: Unless the voter is an active uniformed service member or a member of a service member s family, a voter who has moved from outside the county may not change his or her address at the polls and vote a regular ballot. However, such a voter is entitled to cast a provisional ballot. The voter should go to their NEW polling location. [ Fla. Stat. 101.045(2)(b) ] Name Change due to Marriage or Other Legal Process: A voter whose name has changed due to marriage or other legal process and who has not updated his or her registration may still cast a regular ballot upon completion of a Change of Name of Registered Voter form. [ Fla. Stat. 101.045(2)(c) ] 9. Provisional Ballots: Under what circumstances am I entitled to cast a provisional ballot and how can I make sure it is counted? Response: You are entitled to cast a provisional ballot if your name doesn t appear on the voter rolls and your eligibility to vote cannot otherwise be established, if your eligibility to vote has been challenged by a poll watcher or other voter, if you don t have the required identification with you at the poll, and in other similar situations in which you believe you are entitled to cast a ballot. To ensure that your vote is counted, you are entitled to present evidence of your eligibility to your Supervisor of Elections. Further Explanation: At all elections, a voter claiming to be properly registered in the state and eligible to vote at the precinct in the election but whose eligibility cannot be determined, a person whom an election official asserts is not eligible, and other persons specified in the code shall be entitled to vote a provisional ballot. Once voted, the provisional ballot shall be placed in a secrecy envelope and thereafter sealed in a provisional ballot envelope. If it is determined that the person was registered and entitled to vote at the precinct where the person cast a vote in the election, the canvassing board shall compare the signature on the Provisional Ballot Voter's Certificate and 22
Affirmation with the signature on the voter's registration and, if it matches, shall count the ballot. [ Fla. Stat. 101.048 ] Proof of Eligibility: A voter who has cast a provisional ballot is entitled to present written evidence to his or her Supervisor of Elections in support of their eligibility by no later than 5 p.m. the second day following the election. Voters casting provisional ballots should receive with their ballot instructions regarding the provision of such evidence and how to check the status of their ballots online. Contact information for Supervisors of Elections can be found at: http://www.elections.myflorida.com/soe/supervisor_elections.shtml [ Fla. Stat. 101.048(1); Fla. Stat. 101.048(5) & (6) ] The county canvassing board will make the ultimate determination as to whether or not a provisional ballot will be counted based on evidence provided by the voter, information provided in the voter s certificate of affirmation, any evidence presented by the relevant Supervisor of Elections and, in the case of a challenger, any evidence provided by such person. Provisional ballots will be counted unless the board finds that the voter is ineligible by a preponderance of the evidence. [ Fla. Stat. 101.048(2)(a) ] 10. Assistance: What forms of assistance are available to me at my polling place if a disability makes it difficult to vote otherwise? Response: Polling places are required to be accessible to voters with disabilities and to have at least one voting machine that is useable by persons with disabilities, including the blind and visually impaired. You are also able to obtain assistance for another person in casting your ballot. Further Explanation: Polling Place Accessibility for Voters with Disabilities: All polling places must be accessible and useable by voters with disabilities. Standards required at each polling place include: o For polling places that provide parking spaces for voters, one or more signed accessible parking spaces for disabled persons. o o o o o Signage identifying an accessible path of travel to the polling place if it differs from the primary route or entrance. An unobstructed path of travel to the polling place. Level, firm, stable, and slip-resistant surfaces. An unobstructed area for voting. Sufficient lighting along the accessible path of travel and within the polling place. [ Fla. Stat. 101.715 ] 23
Voting Machine Accessibility for Voters with Disabilities: Voters with disabilities must also have access to at least one voting machine that is accessible for individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy or independence) as is provided to other voters. [ Help America Vote Act, 42 U.S.C. 15481(a)(3); Fla. Stat. 101.56063 ] Assistance from other Persons: Voters who require assistance to vote because of blindness, disability, or inability to read or write, may have some person of the elector's choice, other than the elector's employer, an agent of the employer, or an officer or agent of the elector's union, mark the elector's choices or assist the elector in marking his or her choices on the ballot. [ Fla. Stat. 101.661 ] 11. Equipment Malfunctions: What should I do if malfunctioning voting equipment prevents me from voting? Response: You should be offered an emergency paper ballot. Further Explanation: The malfunction should also immediately be reported to the Supervisor of Elections office. 24